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General Assembly Substitute Bill No. 6921
January Session, 2019
AN ACT CONCERNING DI SCRIMINATION BASED O N A PERSON'S
CRIMINAL HISTORY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-51 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
As used in section 4a-60a and this chapter: 3
(1) "Blind" refers to an individual whose central visual acuity does 4
not exceed 20/200 in the better eye with correcting lenses, or whose 5
visual acuity is greater than 20/200 but is accompanied by a limitation 6
in the fields of vision such that the widest diameter of the visual field 7
subtends an angle no greater than twenty degrees; 8
(2) "Commission" means the Commission on Human Rights and 9
Opportunities created by section 46a-52; 10
(3) "Commission legal counsel" means a member of the legal staff 11
employed by the commission pursuant to section 46a-54; 12
(4) "Commissioner" means a member of the commission; 13
(5) "Court" means the Superior Court or any judge of said court; 14
(6) "Discrimination" includes segregation and separation; 15 Substitute Bill No. 6921
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(7) "Discriminatory employment practice" means any discriminatory 16
practice specified in section 46a-60, as amended by this act, or 46a-81c; 17
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-18
60a, 4a-60g, 31-40y, 46a-58, 46a-59, as amended by this act, 46a-60, as 19
amended by this act, 46a-64, as amended by this act, 46a-64c, as 20
amended by this act, 46a-66, as amended by this act, 46a-68, 46a-68c to 21
46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, as amended by this 22
act, subsection (a) of section 46a-80 or sections 46a-81b to 46a-81o, 23
inclusive; 24
(9) "Employee" means any person employed by an employer but 25
shall not include any individual employed by such individual's 26
parents, spouse or child; 27
(10) "Employer" includes the state and all political subdivisions 28
thereof and means any person or employer with three or more persons 29
in such person's or employer's employ; 30
(11) "Employment agency" means any person undertaking with or 31
without compensation to procure employees or opportunities to work; 32
(12) "Labor organization" means any organization which exists for 33
the purpose, in whole or in part, of collective bargaining or of dealing 34
with employers concerning grievances, terms or conditions of 35
employment, or of other mutual aid or protection in connection with 36
employment; 37
(13) "Intellectual disability" means intellectual disability as defined 38
in section 1-1g; 39
(14) "Person" means one or more individuals, partnerships, 40
associations, corporations, limited liability companies, legal 41
representatives, trustees, trustees in bankruptcy, receivers and the state 42
and all political subdivisions and agencies thereof; 43
(15) "Physically disabled" refers to any individual who has any 44 Substitute Bill No. 6921
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chronic physical handicap, infirmity or impairment, whether 45
congenital or resulting from bodily injury, organic processes or 46
changes or from illness, including, but not limited to, epilepsy, 47
deafness or being hard of hearing or reliance on a wheelchair or other 48
remedial appliance or device; 49
(16) "Respondent" means any person alleged in a complaint filed 50
pursuant to section 46a-82 to have committed a discriminatory 51
practice; 52
(17) "Discrimination on the basis of sex" includes but is not limited 53
to discrimination related to pregnancy, child-bearing capacity, 54
sterilization, fertility or related medical conditions; 55
(18) "Discrimination on the basis of religious creed" includes but is 56
not limited to discrimination related to all aspects of religious 57
observances and practice as well as belief, unless an employer 58
demonstrates that the employer is unable to reasonably accommodate 59
to an employee's or prospective employee's religious observance or 60
practice without undue hardship on the conduct of the employer's 61
business; 62
(19) "Learning disability" refers to an individual who exhibits a 63
severe discrepancy between educational performance and measured 64
intellectual ability and who exhibits a disorder in one or more of the 65
basic psychological processes involved in understanding or in using 66
language, spoken or written, which may manifest itself in a diminished 67
ability to listen, speak, read, write, spell or to do mathematical 68
calculations; 69
(20) "Mental disability" refers to an individual who has a record of, 70
or is regarded as having one or more mental disorders, as defined in 71
the most recent edition of the American Psychiatric Association's 72
"Diagnostic and Statistical Manual of Mental Disorders"; [and] 73
(21) "Gender identity or expression" means a person's gender-74
related identity, appearance or behavior, whether or not that gender-75 Substitute Bill No. 6921
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related identity, appearance or behavior is different from that 76
traditionally associated with the person's physiology or assigned sex at 77
birth, which gender-related identity can be shown by providing 78
evidence including, but not limited to, medical history, care or 79
treatment of the gender-related identity, consistent and uniform 80
assertion of the gender-related identity or any other evidence that the 81
gender-related identity is sincerely held, part of a person's core 82
identity or not being asserted for an improper purpose; [.] 83
(22) "Veteran" means veteran as defined in subsection (a) of section 84
27-103; and 85
(23) "Criminal matters of public record" means information obtained 86
from the Judicial Department relating to an individual's arrests, 87
indictments, convictions, outstanding judgments or any other 88
conviction information, as defined in section 54-142g related to such 89
individual. 90
Sec. 2. Subsection (b) of section 46a-60 of the general statutes is 91
repealed and the following is substituted in lieu thereof (Effective 92
October 1, 2019): 93
(b) It shall be a discriminatory practice in violation of this section: 94
(1) For an employer, by the employer or the employer's agent, 95
except in the case of a bona fide occupational qualification or need, to 96
refuse to hire or employ or to bar or to discharge from employment 97
any individual or to discriminate against such individual in 98
compensation or in terms, conditions or privileges of employment 99
because of the individual's race, color, religious creed, age, sex, gender 100
identity or expression, marital status, national origin, ancestry, present 101
or past history of mental disability, intellectual disability, learning 102
disability, physical disability, including, but not limited to, blindness, 103
[or] status as a veteran or criminal matters of public record, as defined 104
in section 46a-51, as amended by this act; 105
(2) For any employment agency, except in the case of a bona fide 106 Substitute Bill No. 6921
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occupational qualification or need, to fail or refuse to classify properly 107
or refer for employment or otherwise to discriminate against any 108
individual because of such individual's race, color, religious creed, age, 109
sex, gender identity or expression, marital status, national origin, 110
ancestry, present or past history of mental disability, intellectual 111
disability, learning disability, physical disability, including, but not 112
limited to, blindness, [or] status as a veteran or criminal matters of 113
public record, as defined in section 46a-51, as amended by this act; 114
(3) For a labor organization, because of the race, color, religious 115
creed, age, sex, gender identity or expression, marital status, national 116
origin, ancestry, present or past history of mental disability, 117
intellectual disability, learning disability, physical disability, including, 118
but not limited to, blindness, [or] status as a veteran or criminal 119
matters of public record, as defined in section 46a-51, as amended by 120
this act, of any individual to exclude from full membership rights or to 121
expel from its membership such individual or to discriminate in any 122
way against any of its members or against any employer or any 123
individual employed by an employer, unless such action is based on a 124
bona fide occupational qualification; 125
(4) For any person, employer, labor organization or employment 126
agency to discharge, expel or otherwise discriminate against any 127
person because such person has opposed any discriminatory 128
employment practice or because such person has filed a complaint or 129
testified or assisted in any proceeding under section 46a-82, 46a-83 or 130
46a-84; 131
(5) For any person, whether an employer or an employee or not, to 132
aid, abet, incite, compel or coerce the doing of any act declared to be a 133
discriminatory employment practice or to attempt to do so; 134
(6) For any person, employer, employment agency or labor 135
organization, except in the case of a bona fide occupational 136
qualification or need, to advertise employment opportunities in such a 137
manner as to restrict such employment so as to discriminate against 138 Substitute Bill No. 6921
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individuals because of their race, color, religious creed, age, sex, 139
gender identity or expression, marital status, national origin, ancestry, 140
present or past history of mental disability, intellectual disability, 141
learning disability, physical disability, including, but not limited to, 142
blindness, [or] status as a veteran or criminal matters of public record, 143
as defined in section 46a-51, as amended by this act; 144
(7) For an employer, by the employer or the employer's agent: (A) 145
To terminate a woman's employment because of her pregnancy; (B) to 146
refuse to grant to that employee a reasonable leave of absence for 147
disability resulting from her pregnancy; (C) to deny to that employee, 148
who is disabled as a result of pregnancy, any compensation to which 149
she is entitled as a result of the accumulation of disability or leave 150
benefits accrued pursuant to plans maintained by the employer; (D) to 151
fail or refuse to reinstate the employee to her original job or to an 152
equivalent position with equivalent pay and accumulated seniority, 153
retirement, fringe benefits and other service credits upon her 154
signifying her intent to return unless, in the case of a private employer, 155
the employer's circumstances have so changed as to make it impossible 156
or unreasonable to do so; (E) to limit, segregate or classify the 157
employee in a way that would deprive her of employment 158
opportunities due to her pregnancy; (F) to discriminate against an 159
employee or person seeking employment on the basis of her 160
pregnancy in the terms or conditions of her employment; (G) to fail or 161
refuse to make a reasonable accommodation for an employee or person 162
seeking employment due to her pregnancy, unless the employer can 163
demonstrate that such accommodation would impose an undue 164
hardship on such employer; (H) to deny employment opportunities to 165
an employee or person seeking employment if such denial is due to the 166
employee's request for a reasonable accommodation due to her 167
pregnancy; (I) to force an employee or person seeking employment 168
affected by pregnancy to accept a reasonable accommodation if such 169
employee or person seeking employment (i) does not have a known 170
limitation related to her pregnancy, or (ii) does not require a 171
reasonable accommodation to perform the essential duties related to 172 Substitute Bill No. 6921
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her employment; (J) to require an employee to take a leave of absence 173
if a reasonable accommodation can be provided in lieu of such leave; 174
and (K) to retaliate against an employee in the terms, conditions or 175
privileges of her employment based upon such employee's request for 176
a reasonable accommodation; 177
(8) For an employer, by the employer or the employer's agent, for an 178
employment agency, by itself or its agent, or for any labor 179
organization, by itself or its agent, to harass any employee, person 180
seeking employment or member on the basis of sex or gender identity 181
or expression. "Sexual harassment" shall, for the purposes of this 182
subdivision, be defined as any unwelcome sexual advances or requests 183
for sexual favors or any conduct of a sexual nature when (A) 184
submission to such conduct is made either explicitly or implicitly a 185
term or condition of an individual's employment, (B) submission to or 186
rejection of such conduct by an individual is used as the basis for 187
employment decisions affecting such individual, or (C) such conduct 188
has the purpose or effect of substantially interfering with an 189
individual's work performance or creating an intimidating, hostile or 190
offensive working environment; 191
(9) For an employer, by the employer or the employer's agent, for an 192
employment agency, by itself or its agent, or for any labor 193
organization, by itself or its agent, to request or require information 194
from an employee, person seeking employment or member relating to 195
the individual's child-bearing age or plans, pregnancy, function of the 196
individual's reproductive system, use of birth control methods, or the 197
individual's familial responsibilities, unless such information is 198
directly related to a bona fide occupational qualification or need, 199
provided an employer, through a physician may request from an 200
employee any such information which is directly related to workplace 201
exposure to substances which may cause birth defects or constitute a 202
hazard to an individual's reproductive system or to a fetus if the 203
employer first informs the employee of the hazards involved in 204
exposure to such substances; 205 Substitute Bill No. 6921
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(10) For an employer, by the employer or the employer's agent, after 206
informing an employee, pursuant to subdivision (9) of this subsection, 207
of a workplace exposure to substances which may cause birth defects 208
or constitute a hazard to an employee's reproductive system or to a 209
fetus, to fail or refuse, upon the employee's request, to take reasonable 210
measures to protect the employee from the exposure or hazard 211
identified, or to fail or refuse to inform the employee that the measures 212
taken may be the subject of a complaint filed under the provisions of 213
this chapter. Nothing in this subdivision is intended to prohibit an 214
employer from taking reasonable measures to protect an employee 215
from exposure to such substances. For the purpose of this subdivision, 216
"reasonable measures" shall be those measures which are consistent 217
with business necessity and are least disruptive of the terms and 218
conditions of the employee's employment; 219
(11) For an employer, by the employer or the employer's agent, for 220
an employment agency, by itself or its agent, or for any labor 221
organization, by itself or its agent: (A) To request or require genetic 222
information from an employee, person seeking employment or 223
member, or (B) to discharge, expel or otherwise discriminate against 224
any person on the basis of genetic information. For the purpose of this 225
subdivision, "genetic information" means the information about genes, 226
gene products or inherited characteristics that may derive from an 227
individual or a family member. 228
Sec. 3. Subsection (c) of section 8-169s of the general statutes is 229
repealed and the following is substituted in lieu thereof (Effective 230
October 1, 2019): 231
(c) The legislative body may, by resolution, vote to transfer the 232
urban homesteading property with or without compensation to the 233
applicant selected pursuant to subsection (b) of this section. Such 234
transfer shall be made pursuant to a contract of sale and rehabilitation 235
or construction which shall provide among other things that (1) the 236
property transferred be rehabilitated or constructed predominantly for 237
residential use and be brought into and maintained in conformity with 238 Substitute Bill No. 6921
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applicable health, housing and building code standard; (2) the 239
rehabilitation or construction shall commence and be completed 240
within a period of time as determined by the urban homesteading 241
agency; (3) prior to the issuance of a certificate of occupancy by the 242
building official no transfer of the property or any interest therein, 243
except a transfer to a bona fide mortgagee or similar lien holder, may 244
be made by the homesteader without the approval of the urban 245
homesteading agency, provided any such transfer may only be made 246
for a consideration not in excess of the cost of the property to the 247
homesteader together with the costs of any improvements made or 248
construction thereon by the homesteader; (4) in the sale or rental of the 249
property, or any portion of such property, no person shall be 250
discriminated against because of such person's race, color, religion, 251
sex, gender identity or expression, [or] national origin or criminal 252
matters of public record, as defined in section 46a-51, as amended by 253
this act; and (5) representatives of the urban homesteading agency, the 254
municipality, and where state or federal assistance is involved, 255
representatives of the federal and state governments, shall have access 256
to the property during normal business hours for the purpose of 257
inspecting compliance with the provisions of this subsection. 258
Sec. 4. Section 8-265c of the general statutes is repealed and the 259
following is substituted in lieu thereof (Effective October 1, 2019): 260
The authority shall require that occupancy of all housing financed 261
or otherwise assisted under this chapter be open to all persons 262
regardless of race, creed, color, national origin or ancestry, sex or 263
gender identity or expression or criminal matters of public record, as 264
defined in section 46a-51, as amended by this act, and that the 265
contractors and subcontractors engaged in the construction or 266
rehabilitation of such housing shall take affirmative action to provide 267
equal opportunity for employment without discrimination as to race, 268
creed, color, national origin or ancestry, sex, [or] gender identity or 269
expression or criminal matters of public record, as defined in section 270
46a-51, as amended by this act. 271 Substitute Bill No. 6921
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Sec. 5. Subsection (c) of section 8-294 of the general statutes is 272
repealed and the following is substituted in lieu thereof (Effective 273
October 1, 2019): 274
(c) The legislative body may, by resolution, vote to transfer the 275
urban rehabilitation property with or without compensation to the 276
person selected pursuant to subsection (b) of this section. Such transfer 277
shall be made pursuant to a contract of sale and rehabilitation which 278
shall provide among other things that (1) the property transferred be 279
rehabilitated predominantly for industrial or commercial use and be 280
brought into and maintained in conformity with applicable health, 281
housing and building code standards; (2) that the rehabilitation shall 282
commence and be completed within a period of time as determined by 283
the urban rehabilitation agency; (3) prior to the issuance of a certificate 284
of occupancy by the building official, no transfer of the property or any 285
interest therein, except a transfer to a bona fide mortgagee or similar 286
lien holder, may be made by the rehabilitator without the approval of 287
the urban rehabilitation agency, provided any such transfer may only 288
be made for a consideration not in excess of the cost of the property to 289
the rehabilitator together with the costs of any improvements made 290
thereon by the rehabilitator; (4) in the sale or rental of the property, or 291
any portion of such property, no person shall be discriminated against 292
because of such person's race, color, religion, sex, gender identity, [or] 293
expression or national origin or criminal matters of public record, as 294
defined in section 46a-51, as amended by this act; (5) representatives of 295
the urban rehabilitation agency, representatives of the municipality, 296
and if state or federal assistance is involved, representatives of the 297
federal and state governments shall be allowed access to the property 298
during normal business hours for the purpose of inspecting 299
compliance with the provisions of this subsection. 300
Sec. 6. Section 8-315 of the general statutes is repealed and the 301
following is substituted in lieu thereof (Effective October 1, 2019): 302
The municipality shall take all necessary steps to insure that 303
occupancy of all housing financed or otherwise assisted pursuant to 304 Substitute Bill No. 6921
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this chapter be open to all persons regardless of race, creed, color, 305
national origin or ancestry, sex, gender identity or expression, age, [or] 306
physical disability or criminal matters of public record, as defined in 307
section 46a-51, as amended by this act. 308
Sec. 7. Subsection (b) of section 10a-6 of the general statutes is 309
repealed and the following is substituted in lieu thereof (Effective 310
October 1, 2019): 311
(b) Within the limits of authorized expenditures, the policies of the 312
state system of higher education shall be consistent with (1) the 313
following goals: (A) To ensure that no qualified person be denied the 314
opportunity for higher education on the basis of age, sex, gender 315
identity or expression, ethnic background, [or] social, physical or 316
economic condition or criminal matters of public record, as defined in 317
section 46a-51, as amended by this act, (B) to protect academic 318
freedom, (C) to provide opportunities for education and training 319
related to the economic, cultural and educational development of the 320
state, (D) to assure the fullest possible use of available resources in 321
public and private institutions of higher education, (E) to maintain 322
standards of quality ensuring a position of national leadership for state 323
institutions of higher education, (F) to apply the resources of higher 324
education to the problems of society, and (G) to foster flexibility in the 325
policies and institutions of higher education to enable the system to 326
respond to changes in the economy, society, technology and student 327
interests; and (2) the goals for higher education in the state identified 328
in section 10a-11c. Said board shall review recent studies of the need 329
for higher education services, with special attention to those completed 330
pursuant to legislative action, and to meet such needs shall initiate 331
additional programs or services through one or more of the constituent 332
units. 333
Sec. 8. Subsection (a) of section 11-24b of the general statutes is 334
repealed and the following is substituted in lieu thereof (Effective 335
October 1, 2019): 336 Substitute Bill No. 6921
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(a) Each principal public library, as defined in section 11-24a, shall 337
be eligible to receive a state grant in accordance with the provisions of 338
subsections (b), (c) and (d) of this section provided the following 339
requirements are met: 340
(1) An annual statistical report which includes certification that the 341
grant, when received, shall be used for library purposes is filed with 342
the State Library Board in such manner as the board may require. The 343
report shall include information concerning local library governance, 344
hours of service, type of facilities, library policies, resources, programs 345
and services available, measurement of levels of services provided, 346
personnel and fiscal information concerning library receipts and 347
expenditures; 348
(2) Documents certifying the legal establishment of the principal 349
public library in accordance with the provisions of section 11-20 are 350
filed with the board; 351
(3) The library is a participating library in the Connecticard program 352
established pursuant to section 11-31b; 353
(4) Except for the fiscal years ending June 30, 2010, to June 30, 2015, 354
inclusive, the principal public library shall not have had the amount of 355
its annual tax levy or appropriation reduced to an amount which is 356
less than the average amount levied or appropriated for the library for 357
the three fiscal years immediately preceding the year of the grant, 358
except that if the expenditures of the library in any one year in such 359
three-year period are unusually high as compared with expenditures 360
in the other two years, the library may request an exception to this 361
requirement and the board, upon review of the expenditures for that 362
year, may grant an exception; 363
(5) State grant funds shall be expended within two years of the date 364
of receipt of such funds. If the funds are not expended in that period, 365
the library shall submit a plan to the State Librarian for the 366
expenditure of any unspent balance; 367 Substitute Bill No. 6921
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(6) Principal public libraries shall not charge individuals residing in 368
the town in which the library is located or the town in which the 369
contract library is located for borrowing and lending library materials, 370
accessing information, advice and assistance and programs and 371
services which promote literacy; and 372
(7) Principal public libraries shall provide equal access to library 373
service for all individuals and shall not discriminate upon the basis of 374
age, race, sex, gender identity or expression, religion, national origin, 375
handicap, [or] place of residency in the town in which the library is 376
located or the town in which the contract library is located or criminal 377
matters of public record, as defined in section 46a-51, as amended by 378
this act. 379
Sec. 9. Section 16-245r of the general statutes is repealed and the 380
following is substituted in lieu thereof (Effective October 1, 2019): 381
No electric supplier, as defined in section 16-1, shall refuse to 382
provide electric generation services to, or refuse to negotiate to provide 383
such services to any customer because of age, race, creed, color, 384
national origin, ancestry, sex, gender identity or expression, marital 385
status, sexual orientation, lawful source of income, disability, [or] 386
familial status or criminal matters of public record, as defined in 387
section 46a-51, as amended by this act. No electric supplier shall 388
decline to provide electric generation services to a customer for the 389
sole reason that the customer is located in an economically distressed 390
geographic area or the customer qualifies for hardship status under 391
section 16-262c. No electric supplier shall terminate or refuse to 392
reinstate electric generation services except in accordance with the 393
provisions of this title. 394
Sec. 10. Section 16-247r of the general statutes is repealed and the 395
following is substituted in lieu thereof (Effective October 1, 2019): 396
No telephone company or certified telecommunications provider, as 397
defined in section 16-1, shall refuse to provide telecommunications 398 Substitute Bill No. 6921
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services to, or refuse to negotiate to provide such services to any 399
customer because of age, race, creed, color, national origin, ancestry, 400
sex, gender identity or expression, marital status, sexual orientation, 401
lawful source of income, disability, [or] familial status or criminal 402
matters of public record, as defined in section 46a-51, as amended by 403
this act. No telephone company or certified telecommunications 404
provider shall decline to provide telecommunications services to a 405
customer for the sole reason that the customer is located in an 406
economically distressed geographic area or the customer qualifies for 407
hardship status under section 16-262c. No telephone company or 408
certified telecommunications provider shall terminate or refuse to 409
reinstate telecommunications services except in accordance with the 410
provisions of this title. 411
Sec. 11. Subsection (b) of section 28-15 of the general statutes is 412
repealed and the following is substituted in lieu thereof (Effective 413
October 1, 2019): 414
(b) No person shall discriminate on the basis of race, color, religious 415
creed, sex, gender identity or expression, age, national origin, ancestry, 416
[or] economic status or criminal matters of public record, as defined in 417
section 46a-51, as amended by this act, in carrying out any provision of 418
this chapter or any federal major disaster or emergency assistance 419
function in this state. 420
Sec. 12. Section 31-22p of the general statutes is repealed and the 421
following is substituted in lieu thereof (Effective October 1, 2019): 422
The Labor Commissioner, with the advice and guidance of the 423
council, shall formulate work training standards which will ensure 424
necessary safeguards for the welfare of apprentices and a full craft 425
experience in any skill, in order to provide equal opportunities to all, 426
without regard to their race, color, religion, sex, gender identity or 427
expression, age, [or] national origin or criminal matters of public 428
record, as defined in section 46a-51, as amended by this act, and to 429
provide training, employment and upgrading opportunities for 430 Substitute Bill No. 6921
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disadvantaged workers to acquire a comprehensive skilled work 431
experience and to extend the application of such standards of skill 432
training by inclusion thereof in apprenticeship agreements, and shall 433
bring together representatives of management and labor for the 434
development of training programs and terms of apprenticeship 435
incidental thereto and cooperate with state and federal agencies 436
similarly interested in furtherance of training requirements in keeping 437
with established and new processes of Connecticut industries. The 438
Labor Commissioner shall publish information relating to existing and 439
proposed work standards of apprenticeship, hold area conferences 440
throughout the state for the purpose of promoting interest in skilled 441
trades training and appoint such advisory committees as may be 442
deemed necessary to evaluate the skilled manpower requirements of 443
Connecticut in order to cope with any new technological changes in 444
industry. 445
Sec. 13. Subsection (e) of section 31-57e of the general statutes is 446
repealed and the following is substituted in lieu thereof (Effective 447
October 1, 2019): 448
(e) The Employment Rights Code referred to under this section shall 449
include the following provisions: 450
(1) A commercial enterprise subject to tribal jurisdiction shall not, 451
except in the case of a bona fide occupational qualification or need, 452
refuse to hire or employ or bar or discharge from employment any 453
individual or discriminate against him or her in compensation or in 454
terms, conditions or privileges of employment because of the 455
individual's race, color, religious creed, sex, gender identity or 456
expression, marital status, national origin, ancestry, age, present or 457
past history of mental disorder, intellectual disability, sexual 458
orientation, learning or physical disability, political activity, union 459
activity, [or the] criminal matters of public record, as defined in section 460
46a-51, as amended by this act, or exercise of rights protected by the 461
United States Constitution. This subdivision shall not be construed to 462
restrict the right of a tribe to give preference in hiring to members of 463 Substitute Bill No. 6921
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the tribe. 464
(2) A commercial enterprise subject to tribal jurisdiction shall not 465
deny any individual, including a representative of a labor 466
organization, seeking to ensure compliance with this section, access to 467
employees of the tribe's commercial enterprise during nonwork time in 468
nonwork areas. The tribe shall not permit any supervisor, manager or 469
other agent of the tribe to restrict or otherwise interfere with such 470
access. 471
(3) When a labor organization claims that it has been designated or 472
selected for the purposes of collective bargaining by the majority of the 473
employees in a unit appropriate for such purposes, the labor 474
organization may apply to an arbitrator to verify the claim pursuant to 475
subdivision (4) of this subsection. If the arbitrator verifies that the labor 476
organization has been designated or selected as the bargaining 477
representative by a majority of the employees in an appropriate unit, 478
the tribe shall, upon request, recognize the labor organization as the 479
exclusive bargaining agent and bargain in good faith with the labor 480
organization in an effort to reach a collective bargaining agreement. 481
However, the arbitrator shall disallow any claim by a labor 482
organization that is dominated or controlled by the tribe. 483
(4) (A) Any individual or organization claiming to be injured by a 484
violation of any provision of this subsection shall have the right to seek 485
binding arbitration under the rules of the American Arbitration 486
Association. Such individual or organization shall file a demand for 487
arbitration with the tribe not later than one hundred eighty days after 488
the employee or labor organization knows or should know of the 489
tribe's violation of any provision of this subsection. The demand shall 490
state, in plain language, the facts giving rise to the demand. 491
(B) The demand for arbitration shall also be served upon the 492
Connecticut office of the American Arbitration Association. Absent 493
settlement, a hearing shall be held in accordance with the rules and 494
procedures of the American Arbitration Association. The costs and fees 495 Substitute Bill No. 6921
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of the arbitrator shall be shared equally by the tribe and the labor 496
organization. 497
(C) The decision of the arbitrator shall be final and binding on both 498
parties and shall be subject to judicial review and enforcement against 499
all parties in the manner prescribed by chapter 909. 500
(5) A tribe shall not retaliate against any individual who exercises 501
any right under the Employment Rights Code. Any individual or 502
organization claiming to be injured by a violation of the provisions of 503
this section shall have the right to seek binding arbitration pursuant to 504
subdivision (4) of this subsection. 505
Sec. 14. Section 32-277 of the general statutes is repealed and the 506
following is substituted in lieu thereof (Effective October 1, 2019): 507
A regional corporation shall not provide any financial assistance 508
authorized by sections 32-271 to 32-284, inclusive, unless the following 509
conditions are met: 510
(1) The applicant has demonstrated that there is little prospect of 511
obtaining the conventional project financing requested from either 512
private or public sources of funding within the region, and that there is 513
little prospect of obtaining adequate project financing from private 514
sources of capital, or in the case of a loan guarantee, that there is little 515
prospect of obtaining project financing without the guarantee; 516
(2) There is a reasonable prospect of repayment; 517
(3) The project is located in the region represented by the regional 518
corporation; 519
(4) The project will comply with any applicable environmental rules 520
or regulations; 521
(5) The applicant has certified that it will not discriminate against 522
any employee or any applicant for employment because of race, 523 Substitute Bill No. 6921
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religion, color, national origin, sex, gender identity, [or] expression or 524
age or criminal matters of public record, as defined in section 46a-51, 525
as amended by this act; 526
(6) A staff member or a representative of the regional corporation 527
acting in an official capacity has personally visited the project site and 528
the applicant's place of business; and 529
(7) Financial commitments or contingent financial commitments for 530
the project have been obtained from other public and private sources. 531
Sec. 15. Section 38a-358 of the general statutes is repealed and the 532
following is substituted in lieu thereof (Effective October 1, 2019): 533
The declination, cancellation or nonrenewal of a policy for private 534
passenger nonfleet automobile insurance is prohibited if the 535
declination, cancellation or nonrenewal is based: (1) On the race, 536
religion, nationality or ethnicity of the applicant or named insured; (2) 537
solely on the lawful occupation or profession of the applicant or 538
named insured, except that this provision shall not apply to any 539
insurer which limits its market to one lawful occupation or profession 540
or to several related lawful occupations or professions; (3) on the 541
principal location of the insured motor vehicle unless such decision is 542
for a business purpose which is not a mere pretext for unfair 543
discrimination; (4) solely on the age, sex, gender identity or expression 544
or marital status or criminal matters of public record, as defined in 545
section 46a-51, as amended by this act, of an applicant or an insured 546
except that this subdivision shall not apply to an insurer in an insurer 547
group if one or more other insurers in the group would not decline an 548
application for essentially similar coverage based upon such reasons; 549
(5) on the fact that the applicant or named insured previously obtained 550
insurance coverage through a residual market; (6) on the fact that 551
another insurer previously declined to insure the applicant or 552
terminated an existing policy in which the applicant was the named 553
insured; (7) the first or second accident within the current experience 554
period in relation to which the applicant or insured was not convicted 555 Substitute Bill No. 6921
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of a moving traffic violation and was not at fault; or (8) solely on 556
information contained in an insured's or applicant's credit history or 557
credit rating or solely on an applicant's lack of credit history. For the 558
purposes of subdivision (8) of this section, an insurer shall not be 559
deemed to have declined, cancelled or nonrenewed a p olicy if 560
coverage is available through an affiliated insurer. 561
Sec. 16. Section 42-125a of the general statutes is repealed and the 562
following is substituted in lieu thereof (Effective October 1, 2019): 563
It is the policy of the state of Connecticut to oppose restraints of 564
trade and unfair trade practices in the form of discriminatory boycotts 565
which are not specifically authorized by the law of the United States 566
and which are fostered or imposed by foreign persons, foreign 567
governments or international organizations against any domestic 568
individual on the basis of race, color, creed, religion, sex, gender 569
identity or expression, nationality, [or] national origin or criminal 570
matters of public record, as defined in section 46a-51, as amended by 571
this act. It is also the policy of the state to oppose any actions, 572
including the formation or continuance of agreements, understandings 573
or contractual arrangements, expressed or implied, which have the 574
effect of furthering such discriminatory boycotts, in order that the 575
peace, health, safety, prosperity and general welfare of all the 576
inhabitants of the state may be protected and ensured. This chapter 577
shall be deemed an exercise of the police power of the state for the 578
protection of the people of this state and shall be administered and 579
principally enforced by the Attorney General. The provisions of this 580
chapter shall be construed liberally so as to effectuate this declaration 581
of policy and the laws and Constitution of the United States, but 582
nothing in this chapter shall be construed to infringe upon the right of 583
the United States government to regulate interstate and foreign 584
commerce. 585
Sec. 17. Subsection (c) of section 42-125b of the general statutes is 586
repealed and the following is substituted in lieu thereof (Effective 587
October 1, 2019): 588 Substitute Bill No. 6921
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(c) "Participating in a discriminatory boycott" means the entering 589
into or performing of any agreement, understanding or contractual 590
arrangement for economic benefit by any person with any foreign 591
government, foreign person or international organization, which is not 592
specifically authorized by the laws of the United States and which is 593
required or imposed, either directly or indirectly, overtly or covertly, 594
by the foreign government, foreign person or international 595
organization in order to restrict, condition, prohibit or interfere with 596
any business relationship in this state on the basis of a domestic 597
individual's race, color, creed, religion, sex, gender identity or 598
expression, nationality, [or] national origin or criminal matters of 599
public record, as defined in section 46a-51, as amended by this act; 600
provided, handling, altering or shipping goods or complying with the 601
commercial laws of a foreign country, unless such laws require 602
discrimination against a domestic individual on the basis of race, color, 603
creed, religion, sex, gender identity or expression, nationality, [or] 604
national origin or criminal matters of public record, as defined in 605
section 46a-51, as amended by this act, shall not constitute a 606
discriminatory boycott; 607
Sec. 18. Subsection (a) of section 46a-59 of the general statutes is 608
repealed and the following is substituted in lieu thereof (Effective 609
October 1, 2019): 610
(a) It shall be a discriminatory practice in violation of this section for 611
any association, board or other organization the principal purpose of 612
which is the furtherance of the professional or occupational interests of 613
its members, whose profession, trade or occupation requires a state 614
license, to refuse to accept a person as a member of such association, 615
board or organization because of his race, national origin, creed, sex, 616
gender identity or expression, color or status as a veteran or criminal 617
matters of public record, as defined in section 46a-51, as amended by 618
this act. 619
Sec. 19. Subsection (a) of section 46a-64 of the general statutes is 620
repealed and the following is substituted in lieu thereof (Effective 621 Substitute Bill No. 6921
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October 1, 2019): 622
(a) It shall be a discriminatory practice in violation of this section: (1) 623
To deny any person within the jurisdiction of this state full and equal 624
accommodations in any place of public accommodation, resort or 625
amusement because of race, creed, color, national origin, ancestry, sex, 626
gender identity or expression, marital status, age, lawful source of 627
income, criminal matters of public record, as defined in section 46a-51, 628
as amended by this act, intellectual disability, mental disability, 629
physical disability, including, but not limited to, blindness or deafness, 630
or status as a veteran, of the applicant, subject only to the conditions 631
and limitations established by law and applicable alike to all persons; 632
(2) to discriminate, segregate or separate on account of race, creed, 633
color, national origin, ancestry, sex, gender identity or expression, 634
marital status, age, lawful source of income, criminal matters of public 635
record, as defined in section 46a-51, as amended by this act, intellectual 636
disability, mental disability, learning disability, physical disability, 637
including, but not limited to, blindness or deafness, or status as a 638
veteran; (3) for a place of public accommodation, resort or amusement 639
to restrict or limit the right of a mother to breast-feed her child; (4) for 640
a place of public accommodation, resort or amusement to fail or refuse 641
to post a notice, in a conspicuous place, that any blind, deaf or mobility 642
impaired person, accompanied by his guide dog wearing a harness or 643
an orange-colored leash and collar, may enter such premises or 644
facilities; or (5) to deny any blind, deaf or mobility impaired person or 645
any person training a dog as a guide dog for a blind person or a dog to 646
assist a deaf or mobility impaired person, accompanied by his guide 647
dog or assistance dog, full and equal access to any place of public 648
accommodation, resort or amusement. Any blind, deaf or mobility 649
impaired person or any person training a dog as a guide dog for a 650
blind person or a dog to assist a deaf or mobility impaired person may 651
keep his guide dog or assistance dog with him at all times in such 652
place of public accommodation, resort or amusement at no extra 653
charge, provided the dog wears a harness or an orange-colored leash 654
and collar and is in the direct custody of such person. The blind, deaf 655 Substitute Bill No. 6921
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or mobility impaired person or person training a dog as a guide dog 656
for a blind person or a dog to assist a deaf or mobility impaired person 657
shall be liable for any damage done to the premises or facilities by his 658
dog. For purposes of this subdivision, "guide dog" or "assistance dog" 659
includes a dog being trained as a guide dog or assistance dog and 660
"person training a dog as a guide dog for a blind person or a dog to 661
assist a deaf or mobility impaired person" means a person who is 662
employed by and authorized to engage in designated training 663
activities by a guide dog organization or assistance dog organization 664
that complies with the criteria for membership in a professional 665
association of guide dog or assistance dog schools and who carries 666
photographic identification indicating such employment and 667
authorization. 668
Sec. 20. Subsection (a) of section 46a-64c of the general statutes is 669
repealed and the following is substituted in lieu thereof (Effective 670
October 1, 2019): 671
(a) It shall be a discriminatory practice in violation of this section: 672
(1) To refuse to sell or rent after the making of a bona fide offer, or 673
to refuse to negotiate for the sale or rental of, or otherwise make 674
unavailable or deny, a dwelling to any person because of race, creed, 675
color, national origin, ancestry, sex, gender identity or expression, 676
marital status, age, lawful source of income, familial status, [or] status 677
as a veteran or criminal matters of public record, as defined in section 678
46a-51, as amended by this act. 679
(2) To discriminate against any person in the terms, conditions, or 680
privileges of sale or rental of a dwelling, or in the provision of services 681
or facilities in connection therewith, because of race, creed, color, 682
national origin, ancestry, sex, gender identity or expression, marital 683
status, age, lawful source of income, familial status, [or] status as a 684
veteran or criminal matters of public record, as defined in section 46a-685
51, as amended by this act. 686 Substitute Bill No. 6921
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(3) To make, print or publish, or cause to be made, printed or 687
published any notice, statement, or advertisement, with respect to the 688
sale or rental of a dwelling that indicates any preference, limitation, or 689
discrimination based on race, creed, color, national origin, ancestry, 690
sex, gender identity or expression, marital status, age, lawful source of 691
income, criminal matters of public record, as defined in section 46a-51, 692
as amended by this act, familial status, learning disability, physical or 693
mental disability or status as a veteran, or an intention to make any 694
such preference, limitation or discrimination. 695
(4) (A) To represent to any person because of race, creed, color, 696
national origin, ancestry, sex, gender identity or expression, marital 697
status, age, lawful source of income, criminal matters of public record, 698
as defined in section 46a-51, as amended by this act, familial status, 699
learning disability, physical or mental disability or status as a veteran 700
that any dwelling is not available for inspection, sale or rental when 701
such dwelling is in fact so available. 702
(B) It shall be a violation of this subdivision for any person to 703
restrict or attempt to restrict the choices of any buyer or renter to 704
purchase or rent a dwelling (i) to an area which is substantially 705
populated, even if less than a majority, by persons of the same 706
protected class as the buyer or renter, (ii) while such person is 707
authorized to offer for sale or rent another dwelling which meets the 708
housing criteria as expressed by the buyer or renter to such person, 709
and (iii) such other dwelling is in an area which is not substantially 710
populated by persons of the same protected class as the buyer or 711
renter. As used in this subdivision, "area" means municipality, 712
neighborhood or other geographic subdivision which may include an 713
apartment or condominium complex; and "protected class" means race, 714
creed, color, national origin, ancestry, sex, gender identity or 715
expression, marital status, age, lawful source of income, familial status, 716
learning disability, physical or mental disability or status as a veteran 717
or criminal matters of public record, as defined in section 46a-51, as 718
amended by this act. 719 Substitute Bill No. 6921
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(5) For profit, to induce or attempt to induce any person to sell or 720
rent any dwelling by representations regarding the entry or 721
prospective entry into the neighborhood of a person or persons of a 722
particular race, creed, color, national origin, ancestry, sex, gender 723
identity or expression, marital status, age, lawful source of income, 724
familial status, learning disability, physical or mental disability or 725
status as a veteran or with certain criminal matters of public record, as 726
defined in section 46a-51, as amended by this act. 727
(6) (A) To discriminate in the sale or rental, or to otherwise make 728
unavailable or deny, a dwelling to any buyer or renter because of a 729
learning disability or physical or mental disability of: (i) Such buyer or 730
renter; (ii) a person residing in or intending to reside in such dwelling 731
after it is so sold, rented, or made available; or (iii) any person 732
associated with such buyer or renter. 733
(B) To discriminate against any person in the terms, conditions or 734
privileges of sale or rental of a dwelling, or in the provision of services 735
or facilities in connection with such dwelling, because of a learning 736
disability or physical or mental disability of: (i) Such person; or (ii) a 737
person residing in or intending to reside in such dwelling after it is so 738
sold, rented, or made available; or (iii) any person associated with such 739
person. 740
(C) For purposes of this subdivision, discrimination includes: (i) A 741
refusal to permit, at the expense of a person with a physical or mental 742
disability, reasonable modifications of existing premises occupied or to 743
be occupied by such person if such modifications may be necessary to 744
afford such person full enjoyment of the premises; except that, in the 745
case of a rental, the landlord may, where it is reasonable to do so, 746
condition permission for a modification on the renter agreeing to 747
restore the interior of the premises to the condition that existed before 748
the modification, reasonable wear and tear excepted; (ii) a refusal to 749
make reasonable accommodations in rules, policies, practices or 750
services, when such accommodations may be necessary to afford such 751
person equal opportunity to use and enjoy a dwelling; (iii) in 752 Substitute Bill No. 6921
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connection with the design and construction of covered multifamily 753
dwellings for the first occupancy after March 13, 1991, a failure to 754
design and construct those dwellings in such manner that they comply 755
with the requirements of Section 804(f) of the Fair Housing Act or the 756
provisions of the state building code as adopted pursuant to the 757
provisions of sections 29-269 and 29-273, whichever requires greater 758
accommodation. "Covered multifamily dwellings" means buildings 759
consisting of four or more units if such buildings have one or more 760
elevators, and ground floor units in other buildings consisting of four 761
or more units. 762
(7) For any person or other entity engaging in residential real-estate-763
related transactions to discriminate against any person in making 764
available such a transaction, or in the terms or conditions of such a 765
transaction, because of race, creed, color, national origin, ancestry, sex, 766
gender identity or expression, marital status, age, lawful source of 767
income, familial status, learning disability, physical or mental 768
disability, [or] status as a veteran or criminal matters of public record, 769
as defined in section 46a-51, as amended by this act. 770
(8) To deny any person access to or membership or participation in 771
any multiple-listing service, real estate brokers' organization or other 772
service, organization, or facility relating to the business of selling or 773
renting dwellings, or to discriminate against him in the terms or 774
conditions of such access, membership or participation, on account of 775
race, creed, color, national origin, ancestry, sex, gender identity or 776
expression, marital status, age, lawful source of income, familial status, 777
learning disability, physical or mental disability, [or] status as a 778
veteran or criminal matters of public record, as defined in section 46a-779
51, as amended by this act. 780
(9) To coerce, intimidate, threaten, or interfere with any person in 781
the exercise or enjoyment of, or on account of his having exercised or 782
enjoyed, or on account of his having aided or encouraged any other 783
person in the exercise or enjoyment of, any right granted or protected 784
by this section. 785 Substitute Bill No. 6921
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Sec. 21. Subsection (e) of section 46a-64c of the general statutes is 786
repealed and the following is substituted in lieu thereof (Effective 787
October 1, 2019): 788
(e) Nothing in this section prohibits a person engaged in the 789
business of furnishing appraisals of real property to take into 790
consideration factors other than race, creed, color, national origin, 791
ancestry, sex, gender identity or expression, marital status, age, lawful 792
source of income, familial status, learning disability, physical or mental 793
disability, [or] status as a veteran or criminal matters of public record, 794
as defined in section 46a-51, as amended by this act. 795
Sec. 22. Subsection (a) of section 46a-66 of the general statutes is 796
repealed and the following is substituted in lieu thereof (Effective 797
October 1, 2019): 798
(a) It shall be a discriminatory practice in violation of this section for 799
any creditor to discriminate on the basis of sex, gender identity or 800
expression, age, race, color, religious creed, national origin, ancestry, 801
marital status, intellectual disability, learning disability, blindness, 802
physical disability or status as a veteran or criminal matters of public 803
record, as defined in section 46a-51, as amended by this act, against 804
any person eighteen years of age or over in any credit transaction. 805
Sec. 23. Subsection (a) of section 46a-70 of the general statutes is 806
repealed and the following is substituted in lieu thereof (Effective 807
October 1, 2019): 808
(a) State officials and supervisory personnel shall recruit, appoint, 809
assign, train, evaluate and promote state personnel on the basis of 810
merit and qualifications, without regard for race, color, religious creed, 811
sex, gender identity or expression, marital status, age, national origin, 812
ancestry, status as a veteran, criminal matters of public record, as 813
defined in section 46a-51, as amended by this act, intellectual 814
disability, mental disability, learning disability or physical disability, 815
including, but not limited to, blindness, unless it is shown by such 816 Substitute Bill No. 6921
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state officials or supervisory personnel that such disability prevents 817
performance of the work involved. 818
Sec. 24. Subsection (a) of section 46a-71 of the general statutes is 819
repealed and the following is substituted in lieu thereof (Effective 820
October 1, 2019): 821
(a) All services of every state agency shall be performed without 822
discrimination based upon race, color, religious creed, sex, gender 823
identity or expression, marital status, age, national origin, ancestry, 824
intellectual disability, mental disability, learning disability, physical 825
disability, including, but not limited to, blindness, [or] status as a 826
veteran or criminal matters of public record, as defined in section 46a-827
51, as amended by this act. 828
Sec. 25. Subsection (b) of section 46a-72 of the general statutes is 829
repealed and the following is substituted in lieu thereof (Effective 830
October 1, 2019): 831
(b) Any job request indicating an intention to exclude any person 832
because of race, color, religious creed, sex, gender identity or 833
expression, marital status, age, national origin, ancestry, status as a 834
veteran, criminal matters of public record, as defined in section 46a-51, 835
as amended by this act, intellectual disability, mental disability, 836
learning disability or physical disability, including, but not limited to, 837
blindness, shall be rejected, unless it is shown by such public or private 838
employers that such disability prevents performance of the work 839
involved. 840
Sec. 26. Subsection (a) of section 46a-73 of the general statutes is 841
repealed and the following is substituted in lieu thereof (Effective 842
October 1, 2019): 843
(a) No state department, board or agency may grant, deny or revoke 844
the license or charter of any person on the grounds of race, color, 845
religious creed, sex, gender identity or expression, marital status, age, 846
national origin, ancestry, status as a veteran, criminal matters of public 847 Substitute Bill No. 6921
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record, as defined in section 46a-51, as amended by this act, intellectual 848
disability, mental disability, learning disability or physical disability, 849
including, but not limited to, blindness, unless it is shown by such 850
state department, board or agency that such disability prevents 851
performance of the work involved. 852
Sec. 27. Subsection (a) of section 46a-75 of the general statutes is 853
repealed and the following is substituted in lieu thereof (Effective 854
October 1, 2019): 855
(a) All educational, counseling, and vocational guidance programs 856
and all apprenticeship and on-the-job training programs of state 857
agencies, or in which state agencies participate, shall be open to all 858
qualified persons, without regard to race, color, religious creed, sex, 859
gender identity or expression, marital status, age, national origin, 860
ancestry, intellectual disability, mental disability, learning disability, 861
physical disability, including, but not limited to, blindness, [or] status 862
as a veteran or criminal matters of public record, as defined in section 863
46a-51, as amended by this act. 864
Sec. 28. Subsection (a) of section 46a-76 of the general statutes is 865
repealed and the following is substituted in lieu thereof (Effective 866
October 1, 2019): 867
(a) Race, color, religious creed, sex, gender identity or expression, 868
marital status, age, national origin, ancestry, intellectual disability, 869
mental disability, learning disability, physical disability, including, but 870
not limited to, blindness, [or] status as a veteran or criminal matters of 871
public record, as defined in section 46a-51, as amended by this act, 872
shall not be considered as limiting factors in state-administered 873
programs involving the distribution of funds to qualify applicants for 874
benefits authorized by law. 875
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 46a-51 Substitute Bill No. 6921
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Sec. 2 October 1, 2019 46a-60(b)
Sec. 3 October 1, 2019 8-169s(c)
Sec. 4 October 1, 2019 8-265c
Sec. 5 October 1, 2019 8-294(c)
Sec. 6 October 1, 2019 8-315
Sec. 7 October 1, 2019 10a-6(b)
Sec. 8 October 1, 2019 11-24b(a)
Sec. 9 October 1, 2019 16-245r
Sec. 10 October 1, 2019 16-247r
Sec. 11 October 1, 2019 28-15(b)
Sec. 12 October 1, 2019 31-22p
Sec. 13 October 1, 2019 31-57e(e)
Sec. 14 October 1, 2019 32-277
Sec. 15 October 1, 2019 38a-358
Sec. 16 October 1, 2019 42-125a
Sec. 17 October 1, 2019 42-125b(c)
Sec. 18 October 1, 2019 46a-59(a)
Sec. 19 October 1, 2019 46a-64(a)
Sec. 20 October 1, 2019 46a-64c(a)
Sec. 21 October 1, 2019 46a-64c(e)
Sec. 22 October 1, 2019 46a-66(a)
Sec. 23 October 1, 2019 46a-70(a)
Sec. 24 October 1, 2019 46a-71(a)
Sec. 25 October 1, 2019 46a-72(b)
Sec. 26 October 1, 2019 46a-73(a)
Sec. 27 October 1, 2019 46a-75(a)
Sec. 28 October 1, 2019 46a-76(a)
Statement of Legislative Commissioners:
The title was changed.
LAB Joint Favorable Subst. -LCO